HF 3836

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions for reporting 
  1.3             abortion data; providing criminal penalties; amending 
  1.4             Minnesota Statutes 1996, section 145.411, by adding a 
  1.5             subdivision; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 145. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 145.411, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
  1.11  commissioner of health. 
  1.12     Sec. 2.  [145.4131] [RECORDING AND REPORTING ABORTION 
  1.13  DATA.] 
  1.14     Subdivision 1.  [FORMS.] (a) Within 90 days of the 
  1.15  effective date of this section, the commissioner shall prepare a 
  1.16  reporting form for physicians performing abortions.  A copy of 
  1.17  this section shall be attached to the form.  A physician 
  1.18  performing an abortion shall obtain a form from the commissioner.
  1.19     (b) The form shall require the following information: 
  1.20     (1) the number of abortions performed by the physician in 
  1.21  the previous calendar year, reported by month; 
  1.22     (2) the method used for each abortion; 
  1.23     (3) the approximate gestational age of each child subject 
  1.24  to abortion, expressed in one of the following increments:  
  1.25     (i) less than nine weeks; 
  1.26     (ii) nine to ten weeks; 
  2.1      (iii) 11 to 12 weeks; 
  2.2      (iv) 13 to 15 weeks; 
  2.3      (v) 16 to 20 weeks; 
  2.4      (vi) 21 to 24 weeks; 
  2.5      (vii) 25 to 30 weeks; 
  2.6      (viii) 31 to 36 weeks; or 
  2.7      (ix) 37 weeks to term; 
  2.8      (4) the age of the mother on whom the abortion was 
  2.9   performed at the time the abortion was performed; 
  2.10     (5) the specific reason for the abortion, including, but 
  2.11  not limited to, the following: 
  2.12     (i) the pregnancy was a result of rape; 
  2.13     (ii) the pregnancy was a result of incest; 
  2.14     (iii) the mother cannot afford the child; 
  2.15     (iv) the mother does not want the child; 
  2.16     (v) the mother's emotional health is at stake; 
  2.17     (vi) the mother will suffer substantial and irreversible 
  2.18  impairment of a major bodily function if the pregnancy 
  2.19  continues; or 
  2.20     (vii) other; 
  2.21     (6) whether the abortion was paid for by: 
  2.22     (i) private insurance; 
  2.23     (ii) a public health plan; or 
  2.24     (iii) another form of payment; 
  2.25     (7) whether coverage was under: 
  2.26     (i) a fee-for-service insurance company; 
  2.27     (ii) a managed care company; or 
  2.28     (iii) another type of health carrier; 
  2.29     (8) complications, if any, for each abortion and for the 
  2.30  aftermath of each abortion.  Space for a description of any 
  2.31  complications shall be available on the form; 
  2.32     (9) the fee collected for each abortion; 
  2.33     (10) the type of anesthetic used, if any, for each 
  2.34  abortion; 
  2.35     (11) the method used to dispose of fetal tissue and 
  2.36  remains; 
  3.1      (12) the medical specialty of the physician performing the 
  3.2   abortion; and 
  3.3      (13) whether the physician performing the abortion has had 
  3.4   a physician's license suspended or revoked or has had other 
  3.5   professional sanctions in this or another state. 
  3.6      Subd. 2.  [SUBMISSION.] A physician performing an abortion 
  3.7   shall complete and submit the form to the commissioner no later 
  3.8   than April 1 for abortions performed in the previous calendar 
  3.9   year. 
  3.10     Subd. 3.  [ADDITIONAL REPORTING.] Nothing in this section 
  3.11  shall be construed to preclude the voluntary or required 
  3.12  submission of other reports or forms regarding abortions.  
  3.13     Sec. 3.  [145.4132] [RECORDING AND REPORTING ABORTION 
  3.14  COMPLICATION DATA.] 
  3.15     Subdivision 1.  [FORMS.] (a) Within 90 days of the 
  3.16  effective date of this section, the commissioner shall prepare 
  3.17  an abortion complication reporting form for all physicians 
  3.18  licensed and practicing in the state.  A copy of this section 
  3.19  shall be attached to the form. 
  3.20     (b) The board of medical practice shall ensure that the 
  3.21  abortion complication reporting form is distributed: 
  3.22     (1) to all physicians licensed to practice in the state, 
  3.23  within 120 days after the effective date of this section and by 
  3.24  December 1 of each subsequent year; and 
  3.25     (2) to a physician who is newly licensed to practice in the 
  3.26  state, at the same time as official notification to the 
  3.27  physician that the physician is so licensed. 
  3.28     Subd. 2.  [REQUIRED REPORTING.] A physician licensed and 
  3.29  practicing in the state who encounters an illness or injury that 
  3.30  is related to an induced abortion shall complete and submit an 
  3.31  abortion complication reporting form to the commissioner. 
  3.32     Subd. 3.  [SUBMISSION.] A physician required to submit an 
  3.33  abortion complication reporting form to the commissioner shall 
  3.34  do so as soon as practicable after the encounter with the 
  3.35  abortion related illness or injury, but in no case more than 60 
  3.36  days after the encounter. 
  4.1      Subd. 4.  [ADDITIONAL REPORTING.] Nothing in this section 
  4.2   shall be construed to preclude the voluntary or required 
  4.3   submission of other reports or forms regarding abortion 
  4.4   complications. 
  4.5      Sec. 4.  [145.4133] [REPORTING OUT-OF-STATE ABORTIONS.] 
  4.6      The commissioner of human services shall report to the 
  4.7   commissioner by April 1 each year the following information 
  4.8   regarding abortions paid for with state funds and performed out 
  4.9   of state in the previous calendar year:  
  4.10     (1) the total number of abortions performed out of state 
  4.11  and partially or fully paid for with state funds through the 
  4.12  medical assistance, general assistance medical care, or 
  4.13  MinnesotaCare program or any other program; 
  4.14     (2) the total amount of state funds used to pay for the 
  4.15  abortions and expenses incidental to the abortions; and 
  4.16     (3) the gestational age of each unborn child at the time of 
  4.17  abortion. 
  4.18     Sec. 5.  [145.4134] [COMMISSIONER'S PUBLIC REPORT.] 
  4.19     (a) By July 1 of each year, the commissioner shall issue a 
  4.20  public report providing statistics for the previous calendar 
  4.21  year compiled from the data submitted under sections 145.4131 to 
  4.22  145.4133.  Each report shall provide the statistics for all 
  4.23  previous calendar years, adjusted to reflect any additional 
  4.24  information from late or corrected reports.  The commissioner 
  4.25  shall ensure that none of the information included in the public 
  4.26  reports can reasonably lead to identification of an individual 
  4.27  having performed or having had an abortion.  All data included 
  4.28  on the forms under sections 145.4131 to 145.4133 must be 
  4.29  included in the public report.  The commissioner shall submit 
  4.30  the report to the senate health care committee and the house 
  4.31  health and human services committee.  
  4.32     (b) The commissioner may, by rules adopted under chapter 
  4.33  14, alter the submission dates established under sections 
  4.34  145.4131 to 145.4133 for administrative convenience, fiscal 
  4.35  savings, or other valid reason, provided that physicians and the 
  4.36  commissioner of health submit the required information once each 
  5.1   year and the commissioner issues a report once each year.  
  5.2      Sec. 6.  [145.4135] [ENFORCEMENT; PENALTIES.] 
  5.3      (a) A physician who fails to submit the required forms 
  5.4   under sections 145.4131 and 145.4132 within 30 days following 
  5.5   the due date is subject to a late fee of $500 for each 30-day 
  5.6   period, or portion thereof, that the forms are overdue.  A 
  5.7   physician required to report under this section who does not 
  5.8   submit a report, or submits only an incomplete report, more than 
  5.9   one year following the due date, may be fined and, in an action 
  5.10  brought by the commissioner, be directed by a court of competent 
  5.11  jurisdiction to submit a complete report within a period stated 
  5.12  by court order or be subject to sanctions for civil contempt.  
  5.13     (b) If the commissioner fails to issue the public report 
  5.14  required under this section, or fails in any way to enforce this 
  5.15  section, a group of ten or more citizens of the state may seek 
  5.16  an injunction in a court of competent jurisdiction against the 
  5.17  commissioner requiring that a complete report be issued within a 
  5.18  period stated by court order or requiring that enforcement 
  5.19  action be taken.  Failure to abide by an injunction shall 
  5.20  subject the commissioner to sanctions for civil contempt.  
  5.21     (c) A physician who knowingly or recklessly submits a false 
  5.22  report under this section is guilty of a misdemeanor.  
  5.23     (d) The commissioner may take reasonable steps to ensure 
  5.24  compliance with sections 145.4131 to 145.4133 and to verify data 
  5.25  provided, including but not limited to inspection of places 
  5.26  where abortions are performed in accordance with chapter 14.  
  5.27     Sec. 7.  [145.4136] [SEVERABILITY.] 
  5.28     If any one or more provision, section, subsection, 
  5.29  sentence, clause, phrase, or word of sections 145.4131 to 
  5.30  145.4135, or the application thereof to any person or 
  5.31  circumstance is found to be unconstitutional, the same is hereby 
  5.32  declared to be severable and the balance of sections 145.4131 to 
  5.33  145.4135 shall remain effective notwithstanding such 
  5.34  unconstitutionality.  The legislature hereby declares that it 
  5.35  would have passed sections 145.4131 to 145.4135, and each 
  5.36  provision, section, subsection, sentence, clause, phrase, or 
  6.1   word thereof, irrespective of the fact that any one or more 
  6.2   provision, section, subsection, sentence, clause, phrase, or 
  6.3   word be declared unconstitutional.